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2026 DAILYLAW 3750 (GAU)

KAMAL UDDIN v. THE STATE OF ASSAM AND 4 ORS

WP(C)/1852/2026 · 2026-03-30

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010063122026 2026:GAU-AS:4628 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1852/2026 KAMAL UDDIN S/O LATE JAMIL AHMED, VILL. NIYAMATKHANI, P.O. MULLAGANJBAZAR, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI 6 2:THE DISTRICT COMMISSIONER SRIBHUMI ASSAM 3:THE MANAGER ELECTRICAL PROJECT OFFICE RAILWAY ELECTRIFICATION NORTHEAST FRONTIER RAILWAY PACKAGE 2 SILCHAR PROJECT H.NO. 27 3RD FLOOR WARD NO. 25 T.C. ROAD SILCHAR ASSAM PIN- 788003 4:THE CIRCLE OFFICER Page No.# 2/3 NILAMBAZAR REVENUE CIRCLE NILAMBAZAR SRIBHUMI 5:IRCON INTERNATIONAL LIMITED REPRESENTED BY THE ASSISTANT GENERAL MANAGER PROJECT OFFICE RAILWAY ELECTRIFICATION NORTHEAST FRONTIER RAILWAY PACKAGE 2 SILCHAR PROJECT H.NO. 27 3RD FLOOR WARD NO. 25 T.C. ROAD SILCHAR ASSAM PIN- 78800 For the Petitioner(s) : Mr. A.B.T. Haque, Advocate For the Respondent(s) : Mr. K. Gogoi, CGC Mr. H. Sarma, Addl. Sr. Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 31.03.2026 Heard Mr. A.B.T. Haque, the learned counsel appearing on behalf of the petitioner. Mr. H. Sarma, the learned Additional Senior Government Advocate appears on behalf of the respondent Nos. 1, 2 and 4 and Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the respondent No. 3. Page No.# 3/3 2. The petitioner herein has approached this Court apprehending that the respondent No. 5 may erect a 132 KV transmission line and tower over the petitioner’s land and no payment of compensation would be made. 3. This Court specifically enquired with the learned counsel appearing on behalf of the petitioner as to whether the petitioner had submitted any representation to the respondent No. 5. 4. The learned counsel for the petitioner with all fairness, submitted that no such steps in that regard have been taken. 5. Apart from that, this Court finds the instant writ petition to be premature, considering that no steps as of now have been taken in respect to the petitioner’s land. In that view of the matter, the instant writ petition stands closed as premature. 6. However, the petitioner shall be at liberty to approach this Court in the circumstance no compensation is paid pursuant to the erection of any transmission line by the respondents over the petitioner’s land. JUDGE Comparing Assistant